The reform of the mine environmental protection system, can you see this road?

From the development of mine environmental protection and governance in China for more than 30 years and the effectiveness of governance, strengthening the construction of mine ecological environment system is not only the urgent need of current mineral management, but also the general trend of using institutional supply to ensure the construction of ecological civilization.

Cultivate a new concept of resources and hold the bottom line of development and ecology

The natural resource morality is an important part of the human world view. The human-oriented resource morality emphasizes that resources are concepts corresponding to people, and the positive energy of resource development, utilization and protection is a benefit for mankind. But for a long time, the material-oriented view of resources emphasizes the worship of things, in the face of the benefits of resource development, the spirit of the contract of the rule of law and the spirit of the green contract of mining development.

The new concept of people-oriented resources is based on the pressure of economic and social development on the carrying capacity of resources and environment, and can also be said to be an important part of the concept of ecological security and environmental security. "The wind and the long should be eye-catching." In the process of utilizing mineral resources, mining enterprises should establish the concept of mineral resources utilization guided by ecological civilization, establish the value of mineral resources with the core value of people's livelihood, establish the role of mineral resources efficiency that plays a decisive role in the market, and maintain development and compliance according to law. Ecology two bottom lines.

Promote supply-side reform and innovate the main body of mineral resources protection

Strengthening the construction of mineral resources protection main body is not only a reflection of the new concept of innovation, coordination, green, open, and shared development, but also an effective measure to strengthen the structural reform of the supply side of mineral resources.

Governments, mining enterprises, institutions (mainly geological exploration units) and related intermediary organizations and individual citizens who are the mainstay of mineral resources protection shall make a commitment to strengthen the responsibility for environmental protection of mineral resources. At the same time, it is necessary to strictly enforce the legal system for the protection of mineral resources, and eliminate the lack of law and law enforcement. By means of legal means to warn the relevant stakeholders of mineral resources development, those who take the initiative for self-interest are severely punished. In addition, we must increase investment in science and technology, attract more talents, and promote innovation in the construction of mineral resources protection entities.

Improve the property rights system, and clarify the ownership to clarify the responsibility

Strengthening the construction of the property rights system of mineral resources must not only make arrangements for the tenure system, but also make specific provisions on the system of the right to use rights, the regulatory system, and the legal liability system.

First, the mineral resources tenure system arrangement should focus on three aspects of ownership, use rights and transfer rights, and solve the problems of how mineral resources realize property rights boundaries and resource allocation inefficiency. The second is to give equal rights and obligations to the rights subject to exercise their rights, and not to exercise rights only and not to be responsible. It is necessary to reduce the economic, social and ecological needs of resource conservation and utilization, and reduce the exploitation and utilization of mineral resources. The third is to exert the mechanism of oversight of supervision and legal responsibility, thereby promoting the overall utility of mineral resources, improving the administrative licensing system for mining rights, the accounting system for mineral resources, and the tax and fee system for mineral resources. The fourth is to emphasize the legal responsibility of mineral resources. Engaged in the development of mineral resources, once the damage to the ecological environment, it must bear the corresponding responsibility.

Improve the legal system and fill in the shortcomings of the legal and regulatory system

The state promoted the protection of the ecological environment to the national strategic level, integrated the ecological civilization construction into the overall layout of the "five in one", coordinated and promoted the "four comprehensive" strategic layout, and comprehensively promoted the layout of the strategy from the strategic deployment, the top-level design and the system construction. Construction of ecological civilization.

The Fourth Plenary Session of the 18th CPC Central Committee proposed the principle of comprehensively promoting the rule of law, and the first priority of ecological civilization construction is to improve and perfect the ecological legal system. It is suggested that in the revision of the Mineral Resources Law, it is necessary to set up special sections to stipulate, supplement the content of strengthening ecological balance and environmental protection, clarify the positioning of “mine ecological environment”, and formulate and improve the development and utilization of mineral resources in China and the ecological environment protection of mining areas as soon as possible. Coordinated deep legal and regulatory systems, fill in short work boards, and incorporate mine environmental protection into the operational content that must be implemented during the exploration and development phase.

Clarify the main body of responsibility and explore the "Internet +" joint supervision

Under the thinking of mine environmental source prevention, process control, damage compensation, and accountability, we must strictly abide by the ecological red line, improve the ecological compensation mechanism, improve the performance evaluation and accountability system, and so on, and condense the synergy of ecological environmental protection work.

It is suggested that the rights of the Mineral Resources Law should be rationally divided, and the ecological environment should be arranged in advance in the process of project establishment, design and development; the decision-making, supervision and execution rights should be separated in the system setting; The implementation, assessment, acceptance and other links strengthen the content and measures of ecological environmental protection, and increase the veto power in similar pre-procedures. At the same time, clarify the relationship between various departments, clarify the main body of supervision responsibility, establish a common responsibility mechanism for mine environmental governance and ecological restoration, explore the "Internet +" government supervision method, jointly discuss the formulation of supporting policies, regulations and standards, and finally form a consensus. More critical.

Standardize fund management, diversified management to explore the mine environment

Everything is forewarned, and chess is a step ahead. Mine environmental protection and restoration management is an important part of mine management. The mine ecological environment is a collection of multi-faceted governance, exploring the establishment of effective government services and supervision, third-party payment, “crowdfunding” multi-investment (integration) and corporate commitment. The method of governance of the main responsibility, the multi-sword and the dance of the "combination boxing."

In this regard, it is recommended to establish a unified mine ecological environment restoration governance deposit system. How to collect, how to support, to standardize, regardless of whether the mining or subsequent extension industries need to be based on the competitiveness of the mineral product market, the levy of the mine environmental recovery and management deposit is changed from “quantitative levy” to “ad valorem levy”. “How much, how much to pay” is changed to “How much to earn, how much to pay”, and the coefficient and standard for the collection of the margin. Adhering to the principle of economic development, Feng apologizes, and the loss of the embankment still needs to be supplemented by the embankment, leaving room for the natural environment recovery and management funds after mining mineral resources.

It should be emphasized that the mine environmental restoration and management deposit must be deposited by a third-party independent agency. According to the implementation of environmental obligations of mining enterprises, the acceptance is qualified, the deposits are returned to the mining enterprises, and a new mechanism that matches the matching and governance, and returns and manages is gradually formed.

At the same time, we will innovate capital channels, explore diversified and multi-channel investment and financing models, and establish special funds for mine environmental restoration and management. A certain proportion can be drawn from the output value of mineral products. The “trust fund” method can be used to guide the fund to entrust loans or direct investment to the environmental management project of the mining enterprise to form an environmental management industry fund alliance.

Improve the accountability system and let the mining enterprises bear the responsibility

The development of an enterprise cannot be "only pulling a car, not looking at the road." As a manufacturer of mine environmental damage and pollution, mining enterprises are of course responsible for maintaining ecological security and restoration of mine environmental management. Mine land reclamation and ecological restoration are both the mine's own corporate responsibility and the social responsibility of mining enterprises.

Clarify property rights and improve the ecological compensation mechanism. A good property rights system can clarify the main body of mining rights, clarify the rights and responsibilities, define the ecological gains and losses of mining rights entities in mining economic activities, to better construct ecological compensation and environmental governance mechanisms, and change the mining income that mining enterprises have previously enjoyed. Society bears a bad cycle of ecological losses.

Implement the corporate social responsibility plan, improve and perfect the accountability system for ecological environmental damage. Clarify the main responsibility and obligation of the mining right holders in environmental protection and governance. The restoration and management of the ecological environment of the mine “only when it is completed, when it is not completed”, the mining enterprises will really wear the ecological “tightening curse” to strengthen the “behavior responsibility” and “responsibility responsibility” of the mining enterprise.

Plan overall and clarify oversight responsibilities. In the recovery and control of the mine environment, the government must strengthen supervision, reduce responsibility and reduce responsibility, and let mining enterprises assume responsibility for environmental management that should be borne. It is suggested that the revision of the Mineral Resources Law clarifies the government's regulatory responsibility, handles the relationship between the government and the market, creates a healthy market environment, mobilizes the enthusiasm of the society, and enables enterprises to assume responsibility.

Improve the social public supervision mechanism for environmental governance and ecological restoration. Actively guide the people in the scope of mining area to participate in the public governance system, construct a mechanism of public participation in the system, and supervise the whole process of ecological environmental protection and governance responsibility of mining rights holders, and integrate harmonious ecological, harmonious people's livelihood, green mines, The construction of public recognition and other aspects has gradually increased to the "combination boxing" system, fulfilling the responsibility and obligation of the mine environment to restore governance.

Optimize income distribution and guard against ecological damage from mining land

At present, the land ownership after the completion of the ecological management of the mining area is still unclear, especially how to deal with the land property rights after the closed pit, which restricts the enthusiasm of the ecological management of mining enterprises.

At present, the mining market is in a downturn, and there is no clear regulation on the distribution mechanism of mine geological environment treatment income. The return on investment and the contribution of the investment recovery investors are also lack of regulations and policy guarantees. In this case, we should circumvent the ecological environment damage caused by miners in the process of mining land, standardize the compensation methods and standards for the restoration of temporary land use in mining areas, and guard against the “domino effect” of the mining market downturn on land reclamation. Linkage damage.

Therefore, it is recommended to set up a chapter on “Mineral Land” in the “Land Management Law” and the “Mineral Resources Law” that are being revised, and clarify the system requirements for environmental protection assessment, exit and restoration of governance standards for mining land use. To facilitate the unification and application of land restoration and management laws in mining areas.

Related Links

Three Courses of Mine Environmental Governance in China

Since the 1970s, China's mine environmental protection and governance have generally experienced three stages of development:

The initial period of the mine environmental management system (1972-1984). In 1978, China's Constitution clarified that "the state protects the environment and natural resources, and prevents pollution and other public hazards", marking that China's environmental protection work has begun to enter a legal and orderly development stage. At the same time, the corresponding environmental protection management agencies began to be established and began to take shape, ensuring the effective implementation of various environmental protection and governance systems. However, the legal construction of the mine environment is in the initial stage of advocacy. The reclamation rate of abandoned land in China is only 25%, and the reclamation rate of metal mines is even less than 12%.

The low temperature period of mine environmental management (1985-1989). Mine Environmental Governance in China began in 1983, when the Yunnan Kunyang phosphate ore as a pilot. In 1989, China tried to compensate the ecological environment in Guangxi, Shanxi, and Xinjiang, and environmental management achieved certain results. However, in some places, the mining and mining techniques are backward, and the development and utilization efficiency is low, which has caused the destruction of the mine environment in China to reach the highest peak in history. According to statistics, in the 1980s, China's mine waste gas treatment rate was only 12.24%, and the non-ferrous metal mine industrial wastewater reuse rate was 58%, and the mine land reclamation rate stagnated.

The orderly construction period of the mine environmental protection system (from the 1990s to the present). Since 1990, China's mine environmental protection and governance have gradually entered the legal system. At that time, the Ministry of Geology and Mineral Resources and the Ministry of Land and Resources, established in 1998, established the Department of Geological Environment to undertake the government functions of mine environmental protection and governance. In the following decade, the "Environmental Protection Law", "Mineral Resources Law", "Guiding Opinions on Gradually Establishing Responsibility Mechanism for Mine Environmental Management and Ecological Restoration", "Notice on Establishing and Improving Partial Opinions on Ecological Compensation Mechanism", etc. The introduction of regulations has played a direct or indirect normative role in mine environmental protection and governance, and has begun to fully implement the mine environmental management recovery deposit system, and established and improved environmental compensation for mineral resources development. In 2015, the Central Committee of the Communist Party of China issued the "Opinions on Accelerating the Construction of Ecological Civilization" and other documents, and clearly put forward the task of "developing the geological environment of mines and comprehensively managing them". In May 2016, the State Council issued the “Soil Pollution Prevention and Control Action Plan” to include relevant mineral-related industries such as non-ferrous metal mining and mining in key regulated industries. In November, the Ministry of Land and Resources proposed to rely on scientific and technological innovation to strengthen the control of the use of contaminated land. In the same month, the “Measures for the Management of Soil Environment in Polluted Lands” was released, which accelerated the process of governance and restoration of contaminated land in China.

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